The novel coronavirus may have closed the U.S. Supreme Court doors, but it hasn't stopped its work. The justices held their regular weekly conference Friday — some dialing in via phone — and are expected to hand down orders and opinions Monday morning.
Kansan public utilities' proposed separate rate structure for customers who produce their own renewable energy but are still connected to the electricity grid is discriminatory and goes against well established state law, the Kansas Supreme Court ruled Friday.
Former members of Congress urged the Fifth Circuit on Friday to uphold a ruling blocking the Trump administration from diverting $3.6 billion to border wall construction, arguing that a real national emergency like the COVID-19 outbreak shows that the president's earlier emergency declaration was a "sham."
A Texas real estate company broke the law when it paid its property tax consultant employees as if the workers were exempt from the overtime provisions of the Fair Labor Standards Act when they actually were not, the Fifth Circuit said Friday.
The Third Circuit on Friday revived a gay Salvadoran man's fight against deportation, finding that both an immigration judge and an immigration court had failed to properly address his evidence and claims that he was raped and threatened by gangs in El Salvador because of his sexual orientation.
Honeywell International Inc. did not violate a 2011 collective bargaining agreement by refusing to pay retirees' health care premiums based on contract language capping its contributions, a split Sixth Circuit ruled, with one judge saying the decision shows how "unfairness has now become a part of our governing law."
The Fifth Circuit on Thursday upheld a lower court decision blocking the Ysleta del Sur Pueblo from offering bingo, saying the arguments the Texas tribe raised against state regulation had already been rejected in earlier litigation.
The Fourth Circuit said Friday that PricewaterhouseCoopers can make a consultant arbitrate her race bias claims because a provision barring defense contractors from arbitrating such claims no longer applies, reversing a district court decision letting her stay in court.
Massachusetts' high court on Friday made it easier for judges to free inmates who are awaiting trial, citing the "urgent and unprecedented" public health crisis prompted by the novel coronavirus.
Two pipeline companies clashed with the Federal Energy Regulatory Commission in a pair of intertwined hearings before the D.C. Circuit Friday, as a three-judge panel heard appeals challenging a new FERC policy doing away with an income tax allowance for pipeline master limited partnerships, a key tax perk.
The Federal Circuit vacated a Northern District of California summary judgment win for computer maker Acer America Corp. on allegations it misappropriated trade secrets from Intellisoft, ruling Friday the case should never have been removed to federal court.
The Federal Circuit on Friday threw out an injunction order barring eye disease treatment maker BlephEx LLC from publicly saying that a competing business infringed its patent, finding that the injunction violated BlephEx's free speech.
The U.S. Supreme Court should revisit a multimillion-dollar contract dispute between dental equipment company Henry Schein Inc. and competitor Archer & White Sales Inc. in order to take up a key gateway question of arbitration law that has sown confusion for contracting parties, a leading arbitration scholar at Columbia Law School said.
The Texas Supreme Court agreed Friday to review an insurer's bid to escape claims it owes a client $100,000 for allegedly negligently negotiating down a settlement in an auto accident suit.
County jails and prisons in the Keystone State don’t have to release wide swaths of prisoners in response to the novel coronavirus, the Supreme Court of Pennsylvania said Friday, but they may have to consider releasing some if they're too crowded to stop the spread of the disease.
A California state appeals court has ordered a new trial on whether a production company is liable for a former college cheerleader's injury during rehearsal for a film about the exploitation of women in cheerleading, tossing the cheerleader's $2.6 million trial win because the jury wasn’t given a crucial instruction.
Airport ride-hailing fees levied by Phoenix don’t violate the Arizona Constitution's ban on imposing or increasing service taxes or fees, the state Supreme Court has found, a decision one observer said could have a ripple effect outside of Arizona.
The Washington Supreme Court on Friday declined to review an appeals court decision invalidating Seattle’s so-called wealth tax and voiding a 35-year-old piece of state law, allowing cities to levy a flat property tax on income.
A coalition of Midwest utilities, consumer groups and utility regulators told the D.C. Circuit Friday that the Federal Energy Regulatory Commission was right to slash incentives from units of transmission company ITC Holdings Inc. following a 2016 merger.
The Texas Supreme Court agreed Friday to review sporting goods retailer Academy Sports & Outdoor's bid to escape four lawsuits brought by families of victims of the Sutherland Springs mass shooting that left 26 dead in 2017.
The Second Circuit on Friday revived overtime claims in a proposed wage-and-hour class action from drivers for IBI Armored Services, a New York armored vehicle services company, saying a district court improperly determined the drivers weren’t entitled to overtime because of their exempt status.
A coal company that was charged $23 million in fees for not using a Kinder Morgan facility argued to the Eleventh Circuit that the infrastructure giant can't collect on a contract it wasn't abiding by.
Electric and gas utilities in New Jersey did not have a duty to preemptively suspend service before customers' homes were destroyed in fires during Superstorm Sandy since state law did not require such action, a state appellate panel said Friday in declining to revive the customers' suits against the companies.
The Sixth Circuit on Friday said Ohio landowners had not shown that a Chesapeake Energy Corp. unit hid their underpayment of natural gas royalties, which would have allowed them to evade a four-year statutory deadline to sue the company.
A Texas oil rig repair company is allowed to include certain subcontractor payments in its cost of goods sold in calculating the company's franchise tax, the state Supreme Court found Friday, upholding an appellate court's decision.
The Second Circuit's foray into internet-based appellate review in order to practice social distancing and help combat the spread of the novel coronavirus is off to a good start, though streaming traffic "wouldn't knock your socks off," and the plan is to continue, a court official said on Friday.
With 150 judicial appointments under his belt, President Donald Trump is reshaping the federal judiciary for decades to come. Here is Law360's comprehensive guide to the nominations.
The 43 judges President Donald Trump has put on the nation’s circuit courts are young, conservative and ready to make their mark. Here, Law360 examines how this freshman class of lifetime appointees is already changing American law.
Every last judicial vacancy will be filled by the end of President Donald Trump’s first term, Senate Majority Leader Mitch McConnell, R-Ky., pledged this week, projecting confidence in his party’s ability to completely transform the federal bench.
State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.
In this month's bid protest roundup, James Tucker and Markus Speidel at MoFo look at three March decisions: The Government Accountability Office considered alleged unavailability of key personnel, the Federal Circuit set precedent for establishing disparate treatment, and the Court of Federal Claims adopted a test to review North American Industry Classification System code designations.
Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.
The Second Circuit's recent decision in Halvorssen v. Simpson makes clear that, while courts have permitted the use of civil Racketeer Influenced and Corrupt Organizations Act suits in disputes involving legitimate businesses rather than crime syndicates, there are real limits to these claims, say attorneys at Dechert.
The California Court of Appeal’s recent decision that a company owed former employees unpaid vacation benefits in McPherson v. EF Intercultural Foundation reminds employers to ensure that unlimited time off policies cannot be characterized as a ploy to deny employee benefits, say Anthony Oncidi and Cole Lewis at Proskauer.
While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.
The first two decisions applying the Ninth Circuit’s Skidmore v. Led Zeppelin decision indicate that the recent trajectory of music copyright infringement law appears to be changing in favor of defendants, limiting what courts find protectable and what they permit a jury to consider, say attorneys at Proskauer.
The U.S. Supreme Court's recent opinion in Citgo v. Frescati provides shippers, brokers and counsel with assurance that maritime shipping contracts' safe berth clauses are an express warranty of safety, allowing future agreements to be drafted with greater certainty, say Christopher Nolan and Robert Denig at Holland & Knight.
Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.
In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.
The U.S. Supreme Court’s Comcast v. National Association of African American-Owned Media ruling still allows plaintiffs to fight summary judgment in discrimination cases, but Congress must step in to ensure their ability to win relief at trial, says Michael Lieder at Mehri & Skalet.
With public access to most federal courts of appeal restricted during the pandemic, some court deadlines will be more flexible, giving appellate practitioners some time to adjust to new requirements for electronic briefs and remote oral arguments, says Tim Droske at Dorsey & Whitney.
Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.
When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.
The Supreme Court of Pennsylvania's recent decision in Roverano v. John Crane Inc., holding that asbestos diseases are incapable of apportionment, is unfortunate for defendants, as it disregards numerous scientific studies and the role of juries in asbestos cases, say Gregory McNamee and Erin Miter Scanlon at Goldberg Segalla.